N.Y. Transportation Law § 14: General functions, powers and duties of department

§ 14. General functions, powers and duties of department. The

department, by or through the commissioner or his duly authorized

officer or employee, shall have the following general functions, powers

and duties:

1. To coordinate and develop comprehensive, balanced transportation

policy and planning for the state to meet the present and future

statewide needs for adequate, safe and efficient transportation

facilities and services at reasonable cost to the people;

2. To coordinate and assist in the balanced development and operation

of such transportation facilities and services in the state, including

highway, mass transit, marine and aviation facilities;

3. To develop policies and proposals designed to help meet and resolve

the special problems of urban and commuter transportation in

metropolitan areas throughout the state and the special problems of

transportation of other areas of the state.

4. To make such studies and analyses of transportation problems as the

commissioner may deem appropriate or as may be requested by the governor

relating to any aspect of transportation in the state.

5. To consult with and co-operate with

(a) officials of departments and agencies of the state having duties

and responsibilities concerning transportation;

(b) officials and representatives of public corporations as defined in

article one, section three of the general corporation law;

(c) official representatives of the federal government, of neighboring

states and of interstate agencies on problems affecting transportation

in this state;

(d) officials and representatives of carriers and transportation

facilities and systems in the state;

(e) persons, organizations and groups utilizing, served by, interested

in or concerned with transportation facilities and systems in the state.

6. To appear and participate in proceedings before any federal

regulatory agency involving or affecting transportation in this state.

7. For the accomplishment of the purposes of the department of

transportation, to undertake any studies, inquiries, surveys or analyses

it may deem relevant through the personnel of the department or in

cooperation with any public or private agencies, including educational,

civic and research organizations, colleges, universities, institutes or

foundations.

8. To inspect the property and examine the accounts, books and

documents of any person, firm or corporation engaged in operating a

public transportation facility or system in whole or in part within the

state; may hold investigations and hearings within or without the state;

and shall have power to compel the attendance of witnesses and the

production of accounts, books and documents by the issuance of a

subpoena.

9. To advise and cooperate with municipal, county, regional and other

local agencies and officials within the state to plan and otherwise

coordinate the development of a system of air routes, airports and

landing fields within the state and to protect their approaches.

10. To cooperate with other state departments, and with boards,

commissions and other state agencies and with appropriate federal

agencies, and with interested private individuals and groups in the

coordination of plans and policies for the development of air commerce

and air facilities.

11. To act as the official agency of the state in all matters

affecting aviation under any federal laws now or hereafter to be

enacted, and as the official agency of a county, town, city, village or

authority in connection with the grant or advance of any federal or

other funds or credits to the state or through the state to its local

governing bodies for airports and other air facilities complying with

the provisions of such grants or advances.

12. To exercise all functions, powers and duties relating to traffic

regulation and control as set forth in the vehicle and traffic law or in

other laws.

13. To report from time to time to the governor and make an annual

report to the governor and the legislature which shall include its

recommendations.

14. To formulate and execute contracts, keep accounts, record

personnel data, acquire property, adjust claims, compile statistics and

engage in research opportunities; all according to the statutes or

department orders and regulations in such cases made and provided.

14-a. To conduct or cause to be conducted an inventory of air

transportation facilities, both publicly or privately owned, that are

primarily used for general aviation purposes and provide no regularly

scheduled passenger aircraft service that results in more than two

thousand five hundred enplaned passengers annually; and to submit, on or

before February first, nineteen hundred ninety-six, and annually

thereafter, such inventory to the governor, the temporary president of

the senate, the speaker of the assembly, the minority leader of the

senate, the minority leader of the assembly, the chair of the senate

finance committee and the chair of the assembly ways and means

committee, the chairs of the senate transportation, local governments

and commerce, economic development and small business committees, and

the chairs of the assembly transportation, local government and economic

development, job creation, commerce and industry committees.

15. To prepare the plans, specifications, designs and estimates, and,

by the procedures and methods provided by the laws relating thereto, to

construct and reconstruct:

(a) The highways and other public ways that are now or shall hereafter

be under the jurisdiction of the department for such purposes, whether

generally or specially;

(b) The canals, waterways of the state and structures that are now or

shall hereafter be under the jurisdiction of the department for such

purposes;

(c) The bridges and grade separation structures that are now or shall

hereafter be under the jurisdiction of the department for such purposes;

(d) Parking facilities and appurtenances at or adjacent to

transportation interfaces and connections to such facilities.

15-a. In addition to any other notification requirements, the

commissioner shall notify the municipality in which the highway is

located at least sixty days before commencing construction if such

construction shall result in any alteration of the course of such

highway or any alteration in the width of the pavement of such highway.

16. To operate and maintain: (a) the state highways, other public

ways, bridges and grade separations; (b) the canals, waterways of the

state and structures; and (c) either on its own account or by agreement

with a municipality, authority or private contractor, parking facilities

and appurtenances at or adjacent to transportation interfaces and

connections to such facilities; all of which are mentioned generally in

the previous subdivision of this section.

17. Notwithstanding the provisions of this chapter or of any general

or special law, and whenever funds therefor are available or have been

otherwise provided, the commissioner is hereby authorized and empowered,

subject to the approval of the division of the budget, to retain and

employ private engineers, architects and consultants, or firms

practicing such professions for purposes of (1) preparing designs, plans

and estimates of structures of any type and character, (2) rendering

assistance and advice in connection with any project, whether defined or

proposed, and under the supervision of the department of transportation,

(3) preparing surveys, studies and plans, including the negotiating for

and securing of reservation easements necessary to such plans, for joint

development of transportation corridors and provision for multiple use

outside the counties of Kings and Queens of rights of way appurtenant

thereto, and (4) performing such other and necessary services as the

commissioner may deem necessary in the administration of the department.

18. To make and prescribe rules and regulations in relation to the

discharge of the commissioner's functions, powers and duties and those

of the department of transportation.

19. The commissioner shall exercise the powers and perform the duties

of the commission on boundary waters between the United States and

Canada, created by chapter eight hundred six of the laws of nineteen

hundred twenty.

20. The commissioner shall exercise all powers and duties vested in

terms in the commissioner or commission of highways since July first,

nineteen hundred twenty-three, and also shall exercise the powers and

perform the duties of the interstate bridge commission as prescribed by

article two-A of this chapter.

21. The commissioner shall continue to

(a) Keep in his office a map of the state and cause to be delineated

thereon all changes in the bounds thereof or of the counties therein.

(b) Collect and preserve all maps, plans, drawings, field notes,

levels and surveys of every description made for the use of the state

and all engineering instruments belonging to the state.

The maps, drawings and other documents deposited in the department

shall be open for inspection of the public at all reasonable hours, but

shall not be removed or taken therefrom.

22. The commissioner may establish a schedule of fees to be collected

by him for (a) the filing in his office or department of any map or

written instrument required by law to be so filed; (b) the preparation

of any copy of a map or written instrument filed in his office or

department; (c) for certifying any such map or written instrument; and

(d) for any other service rendered in connection with the work of his

department and for which he deems it necessary to charge and to collect

a fee therefor.

23. When moneys shall have been appropriated therefor, to conduct

systematic gaging of rainfall and stream flow in the state in connection

with the barge canal system.

24. It shall be the duty of officers and employees of the department

of transportation to report to the commissioner, on blanks to be

furnished by the state industrial commissioner, any and all violations

any such officer or employee may personally observe or have brought to

his attention relating to any of the provisions of articles eight and

eight-a of the labor law. The industrial commissioner may investigate,

or hold a hearing to determine if such acts or omissions so reported

constitute a violation of any of the provisions of said articles. The

commissioner upon notification of such violation and determination by

the industrial commissioner shall thereupon take proceedings to enforce

the provisions of such articles.

25. Moneys heretofore received by the department of transportation

pursuant to any law or to an order, rule or regulation made and

prescribed by the commissioner regulating the discharge of his

functions, powers and duties and those of the department and moneys

heretofore or hereafter received pursuant to rules and regulations of

the divisions or bureaus in said department regulating the discharge of

their function, powers and duties, respectively, may be refunded to the

party for whose account same were received, on proof satisfactory to the

commissioner that such moneys were in excess of the amount required by

such law, order, rule or regulation. Such refunds shall, upon approval

by the commissioner and after audit by the comptroller, be paid from any

moneys in the custody of the department of transportation received as

fees, charges, rentals or to insure the performance of conditions

imposed under permits pursuant to such orders, rules or regulations.

26. To exercise and perform such other functions, powers and duties as

shall have been or may be from time to time conferred or imposed by law,

including all the functions, powers and duties assigned and transferred

to the department from the department of commerce, the department of

motor vehicles, the department of public works and the office of

transportation in the executive department by several chapters of the

laws of nineteen hundred sixty-seven and from the public service

commission of the department of public service by chapter two hundred

sixty-seven of the laws of nineteen hundred seventy.

27. Within amounts appropriated to the department, to contract,

outside the city of New York, with federally-funded nonprofit

organizations that are organized for the purpose of beautification of

highways, parks and recreation areas and employ persons sixty years of

age or older whose net annual income does not exceed one thousand

dollars to carry out such activities. The contract shall name the

organization, the amount and manner of payment for the service to be

rendered, nature of such service, the rendering of a verified account of

the disbursements with verified or certified vouchers therefor attached,

a refund of any unused amount, and such other conditions upon the use

thereof as may be deemed proper.

28. Within amounts appropriated therefor to engage in a program of

improvements to omnibus terminals, and services attendant thereto, such

improvements and services to include, but not be limited to,

rehabilitation of existing facilities, supplying information on

available transportation services to the traveling public, and the

provision of connecting services between transportation modes.

29. (a) The commissioner shall develop and implement an

Adopt-a-Highway Program, the purpose of which shall be to reduce and

remove litter from the state highways. Such program shall include but

not be limited to:

(i) providing and coordinating services by volunteers or groups to

reduce the amount of litter on the highways of the state including

safety briefings, reflective safety gear, trash bags, and trashbag pick

up on state highways.

(ii) providing and installing highway signs identifying those

volunteers or groups adopting particular segments of such highways.

(b) Notwithstanding any inconsistent provision of law, the state and

its employees shall not be liable for damages suffered by any person

resulting from the actions or activities of such volunteers or groups.

(c) The commissioner shall promulgate rules and regulations necessary

to implement and carry out the provisions of this subdivision.

* 29-a. (a) To establish and implement a state memorial sign program

to memorialize persons who died due to injuries sustained in a fatal

motor vehicle crash on state highways, including controlled access state

highways, maintained by the state which is reportable to the federal

fatality analysis reporting system (FARS). Such program shall provide

for the provision and installation of signs on such state highways

maintained by the state in memory of such persons, upon application

within five years of such fatal crash by an immediate family member of

such person and payment of a fee, established by the commissioner, for

the costs of design, production, placement, and maintenance of such

signs. Such program also shall provide that:

(i) in the event any member of such person's immediate family submits

an objection to the placement of such memorial sign to the commissioner,

the sign shall not be placed, and shall be removed if the objection was

received after such sign was placed;

(ii) no memorial sign shall be approved for a person who died while

operating a motor vehicle in violation of section eleven hundred

ninety-two of the vehicle and traffic law and as a result of such

intoxication or impairment, such person operated the motor vehicle in a

manner that caused the serious physical injury or death of another

person;

(iii) no more than one memorial sign may be placed at the same

location, provided that in the event of multiple applications for a

single location, the commissioner may provide for a sign type capable of

accommodating multiple applications, provided that such sign otherwise

meets the requirements of this subdivision;

(iv) such memorial signs shall be of a design which differs from signs

erected to dedicate or memorialize a highway or bridge pursuant to

article twelve of the highway law;

(v) the placement of memorial signs on such state highways maintained

by the state shall be at locations determined by the commissioner,

taking into consideration the crash location, roadway geometry, existing

signage and traffic control devices, available right of way, safety

concerns, and any other factor the commissioner deems it necessary to

consider. Such placement shall also be in accordance with this

subdivision, with rules, regulations, and guidelines promulgated by the

commissioner, and with the requirements of the Manual on Uniform Traffic

Control Devices (MUTCD) and any other applicable state or federal law,

rule, or regulation relating to highway signage. Provided, however, that

no such sign shall be placed in front of a residence or business;

(vi) memorial signs placed pursuant to this section shall be removed

two years from the date of their initial placement. The commissioner may

remove damaged signs, which shall be replaced for the remainder of the

two-year period upon application by an immediate family member and

payment of a replacement fee as determined by the commissioner.

Provided, however, the department shall replace, for the remainder of

the two-year period, any such sign damaged due to negligence of the

department and no application or replacement fee shall be required for

such replacement;

(vii) for the safety of the public, on-site dedication or ceremonies

and the placement of decorations or other items at the site of a

memorial sign shall be prohibited; and

(viii) information on the state memorial sign program established

pursuant to this subdivision shall be posted on the department's

public-facing website, together with highway and traffic safety

information to further inform and educate the public on methods,

practices, and actions to improve the safety of motor vehicle occupants,

motorcyclists, bicyclists, pedestrians, and all roadway users.

(b) For the purposes of this subdivision, the following terms shall

have the following meanings:

(i) "controlled-access state highway" shall mean every highway,

street, or roadway under the jurisdiction of the state in respect to

which owners or occupants of abutting lands and other persons have no

legal right of access to or from the same except at such points only and

in such manner as may be determined by the state;

(ii) "fatality analysis reporting system" or "FARS" shall mean the

nationwide database established by the national highway traffic safety

administration of the United States department of transportation, as

authorized pursuant to part 30182 of title 49 of the United States code

and part 403 of title 23 of the United States code, which collects data

on fatal motor vehicle traffic crashes;

(iii) "highway" shall mean the entire width between the boundary lines

of every way publicly maintained when any part thereof is open to the

use of the public for purposes of vehicular travel;

(iv) "immediate family" shall mean the decedent's spouse or domestic

partner, birth parents, adoptive parents, stepparents, birth children,

adoptive children, stepchildren, siblings, and stepsiblings;

(v) "manual on uniform traffic control devices" or "MUTCD" shall mean

the manual and specifications for a uniform system of traffic control

devices maintained by the commissioner of transportation pursuant to

section sixteen hundred eighty of the vehicle and traffic law; and

(vi) "reportable to the federal fatality analysis reporting system"

shall mean a crash involving a motor vehicle traveling on a trafficway

customarily open to the public resulting in the death of a vehicle

occupant or a nonoccupant within thirty days of the crash.

(c) The commissioner shall promulgate rules and regulations necessary

to implement and carry out the provisions of this subdivision.

* NB Effective December 12, 2026

30. To establish regulations for the determination of hazardous zones

pursuant to the provisions of section thirty-six hundred thirty-five-b

of the education law.

31. To develop a plan to maximize the use of telecommuting to conserve

energy otherwise used by the personnel of the department in commuting to

their assigned workplace. Within one year of the effective date of this

subdivision, the department shall submit a report to the governor and

the legislature on the impact of such plan to include, but not be

limited to, energy conservation, air quality, workforce acceptance,

office costs and potential cost savings.

32. To cooperate with the department of environmental conservation,

the department of economic development, and the department of motor

vehicles to assist employers who seek such assistance and who are

located in a severe non-attainment area for ozone, as designated by the

administrator of the United States environmental protection agency, to

increase average passenger occupancy per vehicle in commuting trips of

employees between home and workplace during peak travel periods.

33. (a) To promulgate, in consultation with the department of

environmental conservation, rules and regulations to implement a heavy

duty vehicle inspection program pursuant to section 19-0320 of the

environmental conservation law, including, but not limited to,

requirements for the roadside inspection of heavy duty vehicles.

(b) To examine, in a manner and at locations deemed appropriate by the

commissioner in consultation with the commissioner of the department of

environmental conservation, heavy duty vehicles, as such vehicles are

defined in section 19-0320 of the environmental conservation law, to

ascertain whether such vehicles are in compliance with the program for

the inspection of emissions and emissions control equipment established

pursuant to such section 19-0320.

34. To issue certifications with respect to the transportation

improvement credit, as provided for by section twenty of the tax law.

35. Within amounts appropriated therefor, to establish and administer

a safe routes to school program, the purpose of which is to eliminate or

reduce physical impediments to primary and secondary school-aged

children walking or bicycling to school.

(a) The commissioner is hereby vested with the authority and

responsibility to approve funding for projects authorized in paragraph

(b) of this subdivision. The funding of projects will be made upon

application, in a format prescribed by the commissioner, by the project

sponsor for funding of prior expenditures. Provided, however, that

nothing contained in this subdivision shall prohibit any project sponsor

from submitting any project authorized by such paragraph (b) for

consideration for federal funding within the process by which federal

funds are obtained, and obtaining such funds.

(b) Safe routes to school projects shall be limited to project costs

for the construction, reconstruction, enhancement, improvement,

replacement, reconditioning, restoration, rehabilitation and

preservation of crosswalks, sidewalks, bicycle lanes, and traffic

calming measures where the service life of the project is at least ten

years. Funding of project expenditures for an approved project shall

require certification from the project sponsor that:

(i) the project has a service life of ten or more years;

(ii) the project is located within two miles of a primary school or

within three miles of a secondary school;

(iii) the amount of funds requested is no greater than prior

unreimbursed municipal project expenditures for work completed or

materials incorporated in qualifying projects; and

(iv) the amount of municipal funds appropriated for transportation

capital projects by municipalities shall not be reduced because of the

availability of these funds.

(c) The commissioner shall request the project sponsors to furnish

such information in writing as may be necessary. By written agreement

between them, a county may act for one or more cities, towns or villages

in the implementation of projects eligible for funding pursuant to this

subdivision. A copy of such agreement shall be filed with the

commissioner.

(d) Consideration also shall be given to the demonstrated need of an

applicant, the potential of the project to reduce child injuries and

fatalities, and the potential of the project to reduce or eliminate

hazardous conditions for pedestrians and/or bicyclists.

(e) For the purposes of this subdivision, "traffic calming measures"

shall mean any physical engineering measure or measures that reduce the

negative effects of motor vehicle use, alter driver behavior and improve

conditions for non-motorized street users such as pedestrians and

bicyclists.

36. To prepare and submit reports on highway pavement and bridge

conditions, capital program letting and implementation, capital program

accomplishments, and non-MTA downstate suburban and upstate transit

capital programs. The commissioner shall be responsible for issuing the

following reports in a searchable electronic format accessible to users

to the governor, temporary president of the senate, speaker of the

assembly, the chair of the senate transportation committee, the chair of

the assembly transportation committee, the chair of the senate finance

committee and the chair of the assembly ways and means committee:

(a) On or before June first, two thousand twenty-two and by June first

of each year thereafter, a report for each state fiscal year detailing

the department's on-state system capital projects and off-state system

local capital projects, as defined in subdivision two-a of section two

of the state finance law, planned for the fiscal year including projects

receiving funds pursuant to New York works. Such report shall include

projects expected to be advertised for public bid in the respective

state fiscal year, including estimated letting dates by department

region. The report shall also include a project description, proposed

month of letting, project identification number, and preliminary project

cost estimates. Such report shall present project letting details by

department region, within region by funding source, within funding

source by capital program category (pavement preservation, pavement

reconstruction, bridge preservation, bridge rehabilitation or

replacement, safety, mobility, and other), and within capital program

category by project phase (scoping, preliminary engineering,

right-of-way, final design and construction). After completion of each

quarter, the department shall issue a report, including the actual

letting dates and contract amounts for each project accompanied by the

same information. The report shall also compare changes in planned

construction lettings with actual project lettings, changes in project

costs of more than twenty-five percent for projects exceeding fifteen

million dollars and the contributing factors for such project cost

changes, and changes in project letting schedules of more than twelve

months and contributing factors for such changes in letting schedules,

and the estimated number of jobs created by each project. For purposes

of this subdivision, "preliminary project cost estimates" shall mean

publicly available project cost estimates including those required by

the Statewide Transportation Improvement Program (STIP) established

pursuant to Title 23 U.S.C. sections 134 and 135, Title 23 C.F.R. Part

450 and Title 49 U.S.C. Chapter 53 and those required by Transportation

Improvement Programs (TIPs) as defined by Title 23 U.S.C. section

134(b)(6). For projects without such estimates, such term shall mean

estimates in the following ranges: one to one hundred thousand dollars,

one hundred thousand to two hundred fifty thousand dollars, two hundred

fifty thousand to five hundred thousand dollars, five hundred thousand

to one million dollars, one million to two million five hundred thousand

dollars, two million five hundred thousand to five million dollars, five

million to ten million dollars, ten million to fifteen million dollars,

fifteen million to twenty-five million dollars, twenty-five million to

seventy-five million dollars, seventy-five million to one hundred fifty

million dollars, and one hundred fifty million dollars or greater.

(b) On or before June first, two thousand twenty-two and by June first

of each year thereafter, an accomplishment report for the prior state

fiscal year detailing the amount of funding obligated for major capital

program categories including: pavement preservation, pavement

reconstruction, bridge preservation, bridge rehabilitation or

replacement, safety, and mobility. Such capital report shall present

details by department region, within region by funding source, within

funding source by capital program category and within capital program

category by project phase, including by scoping, preliminary

engineering, right-of-way, final design and construction phase.

(c) On or before June first, two thousand twenty-two and by June first

of each year thereafter, a highway pavement and bridge condition report

that details conditions of state highway pavement by department region

and statewide condition goals for pavement, the condition of state and

locally owned bridges by county and the statewide condition goals for

bridge conditions, as well as the respective goals for each of these

classes for the previous three years.

(d) (i) On or before June first, two thousand twenty-two and by June

first of each year thereafter, a report detailing the allocations and

disbursements made by the department for the prior state fiscal year of

capital funds appropriated for public transportation providers within

the metropolitan commuter transportation district that exclude the

metropolitan transportation authority and its subsidiaries, and for

public transportation providers outside the metropolitan commuter

transportation district. The report on capital fund use shall indicate

the amount of capital funds allocated and disbursed by the department to

each respective transportation provider by capital element, including,

but not limited to: rolling stock and buses, passenger stations, track,

line equipment, line structures, signals and communications, power

equipment, emergency power equipment and substations, shops, yards,

maintenance facilities, depots and terminals, service vehicles, security

systems, electrification extensions, and unspecified, miscellaneous and

emergency.

(ii) On or before June first, two thousand twenty-two and by June

first of every fifth year thereafter, the department shall conduct a

needs assessment for each public transportation provider, excluding the

metropolitan transportation authority and its subsidiaries, that

includes but is not limited to: vehicle age and condition, facility and

equipment state of good repair, and consistency with federal and state

system safety plans. For purposes of this subparagraph, the term "public

transportation provider" shall mean those public transportation systems

receiving capital funds from the state, and the term "public

transportation system" shall have the same meaning as such term is

defined in subdivision one of section eighteen-b of this article,

excluding the metropolitan transportation authority and its

subsidiaries.